Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)- -- Ss. 23 & 30-Evidence before Commissioner - Parties giving statement allowing evidence already recorded by Commissioner before being notified as such to be treated as evidence in case-Objection in such regard cannot be raised at appellate stage. (b) Workmen's Compensation Act (VIII of 1923)- -- Ss. 3 & 4-Commissioner determining nature and extent of disability but not giving any finding regarding loss of earning capacity-Order of Commissioner, held, suffers from serious legal infirmity and cannot be supported. 1973 P L C 24 eel. DECISION These are two appeals under section 30 of the Workmen's Compensation Act against two orders of the Commissioner awarding compensation in two separate cases. These appeals have been consolidated as common questions of law are involved. 2. The respondents were in the service of the appellant. They sustained injuries by accident arising out and in the course of their employment. They claimed compensation and approached the Commissioner. The claim was resisted. The learned Commissioner after recording the evidence allowed the claims of the respondents. Aggrieved by this the present appeals had been filed. 3. The learned counsel for the appellant raised two legal objections. The first objection taken by him is that the Commissioner bad recorded the evidence of a witness before he was notified as Commissioner under the Work­ men's Compensation Act. There is no doubt that this irregularity was committed and objection to that effect was also taken before the Commissioner but after the Notification appointing the officer as Commissioner was issued the parties gave a statement allowing the evidence already recorded to be treated as evidence. This is clear not only from the comments which were called from the Commissioner but there is also…

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